Judges right on bride price
Mar 28, 2010
THE Constitutional Court on Friday rejected a petition in which women members of a Tororo-based NGO, Mifumi had sought to abolish bride price.<br>
THE Constitutional Court on Friday rejected a petition in which women members of a Tororo-based NGO, Mifumi had sought to abolish bride price.
They had argued that payment of bride price or dowry is the cause of domestic violence against women. This argument is unsound as there other countries where bride price is unheard of, but there are many incidences of domestic violence.
The petitioners had also argued that the abolition of the practice would protect women from being turned into chattels.
Payment of a sum of money or property by the prospective son-in-law to the parents of a prospective bride is cherished in many African societies.
There may be isolated cases of men treating their women as commodities, but this should not negate the noble aims of the practice.
The bride price arrangement is a mutual agreement, and it is the constitutional right of a man and a woman to choose it as an option to get married.
Presenting a gift to the bride’s family is a token of appreciation for the part the bride’s family has played in taking care of the potential bride.
As Deputy Chief Justice Leaticia Mukasa Kikonyogo put it: “a woman is endowed with the spring of life and the gifts of dowry sometimes express gratitude for preservation of this spring of life without using the spring wastefully.â€
Those who undertake customary marriage are fully aware of these requirements.
The only problem now in Uganda is that it has been commercialised and some men have become impoverished as a result.
We also agree with the judges that the practice of a husband demanding a refund of the bride price in the event of a dissolution of marriage undermines the dignity of the women.
But there are constitutional provisions that deal with these grievances.
While it may be denigration or an insult to the dignity of some women, courts should not be used to stifle cultural values.
They had argued that payment of bride price or dowry is the cause of domestic violence against women. This argument is unsound as there other countries where bride price is unheard of, but there are many incidences of domestic violence.
The petitioners had also argued that the abolition of the practice would protect women from being turned into chattels.
Payment of a sum of money or property by the prospective son-in-law to the parents of a prospective bride is cherished in many African societies.
There may be isolated cases of men treating their women as commodities, but this should not negate the noble aims of the practice.
The bride price arrangement is a mutual agreement, and it is the constitutional right of a man and a woman to choose it as an option to get married.
Presenting a gift to the bride’s family is a token of appreciation for the part the bride’s family has played in taking care of the potential bride.
As Deputy Chief Justice Leaticia Mukasa Kikonyogo put it: “a woman is endowed with the spring of life and the gifts of dowry sometimes express gratitude for preservation of this spring of life without using the spring wastefully.â€
Those who undertake customary marriage are fully aware of these requirements.
The only problem now in Uganda is that it has been commercialised and some men have become impoverished as a result.
We also agree with the judges that the practice of a husband demanding a refund of the bride price in the event of a dissolution of marriage undermines the dignity of the women.
But there are constitutional provisions that deal with these grievances.
While it may be denigration or an insult to the dignity of some women, courts should not be used to stifle cultural values.